Tree Preservation Orders
Under the Town and Country Planning Act 1990, Mid Beds District Council is empowered to make Tree Preservation Orders where it would appear expedient in the interests of amenity, and it has a duty to do so when considering Planning applications.
The objective of a TPO is to protect trees that make a significant impact on their surroundings, for example, if they form an important feature within the local landscape, or if they have an historical association with the local area.
A TPO can be made in respect of an individual tree, a group of trees or woodland including hedgerow trees but not hedges, bushes or shrubs.
Once a TPO is made it becomes an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree that is protected by that Order without first gaining the District Council’s consent.
Copies of all TPOs are kept at Priory House, Chicksands and are available for public inspection.
Applications to carry out works on protected trees:
Anyone who is intending to carry out works on a protected tree must apply for consent from Mid Beds District Council by submitting a tree works application form (which can be downloaded). If you do not own the tree/s then you must also gain consent from the tree owner prior to carrying out the work. There is no fee applicable for this service.
If work is undertaken on a protected tree without first gaining consent from the District Council a criminal prosecution could follow leading to a substantial fine of up to £20,000. Trees that are dead, dying or dangerous are exempt from the regulations and so no formal consent is required. However the Council should be given five days notice prior to any works being carried out, unless it is an emergency.
The Council may either give approval, or refuse consent for works on a protected tree, or it may give conditional consent. A condition requiring that a replacement tree be planted is usually attached to a permission granting consent to fell a preserved tree. The owner has a right of appeal against any refusal of consent to do works to a tree.
If you intend to carry out work on a tree within your ownership, but you are unsure whether or not it is protected, or if you see work being carried out on a tree that you think may be protected, contact a member of the Aboricultural Staff.
* Download Form: Application for Work To Trees Covered by Preservation Order (application/pdf; 19kb)
